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German Patent Law
German patent law is mainly governed by the ''Patents Act'' (german: Patentgesetz) and the European Patent Convention. A patent covering Germany can be obtained through four different routes: through the direct filing of a national patent application with the German Patent and Trade Mark Office (german: Deutsches Patent- und Markenamt) (direct national route), through the filing of a European patent application (European route), or through the filing of an international application under the Patent Cooperation Treaty followed by the entry into either the European phase or the national (German) phase of said international application (Euro-PCT route). The German patent has a term of 20 years. Litigation The German patent litigation system is one of the few patent systems in which the issue of patent infringement and of patent validity are dealt with by different courts. The district courts deal with infringement, whereas the Federal Patent Court (German: ''Bundespatentgericht'') i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Convention
The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term ''European patent'' is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only. The EPC provides a legal framework for the granting of European patents, via a single, harmonised procedure before the European Patent Office (EPO). A si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
German Patent And Trade Mark Office
The German Patent and Trade Mark Office (german: Deutsches Patent- und Markenamt; abbreviation: DPMA) is the German national patent office, with headquarters in Munich, and offices in Berlin and Jena. In 2006 it employed 2556 people, of which about 700 were patent examiners. Function and status The DPMA is the central authority in the field of intellectual property protection in Germany. Its responsibilities include the granting of patents for the registration of industrial designs, trademarks and designs, as well as for informing the public about existing industrial property rights. Recognised partner of the DPMA is the '' Patentinformationszentrum'' (Patent Information Centre), united in the '' Deutscher Patentinformationszentren e.V'' (German Patent Information Centres Association). The legal basis of the German Patent and Trademark Office is § 26 of the '' Patentgesetz'' (German Patents Act). History The first unified ''Patentgesetz'' (German Patent Act) was adopted o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Application
The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term ''European patent'' is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only. The EPC provides a legal framework for the granting of European patents, via a single, harmonised procedure before the European Patent Office (EPO). A si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Cooperation Treaty
The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application. A single filing of a PCT application is made with a Receiving Office (RO) in one language. It then results in a search performed by an International Searching Authority (ISA), accompanied by a written opinion regarding the patentability of the invention, which is the subject of the application. It is optionally followed by a preliminary examination, performed by an International Preliminary Examining Authority (IPEA). Finally, the relevant national or regional authorities administer matters related to the examination of application (if provided by national law) and issuance of patent. A PCT application does not itself result in the grant of a patent, since there is no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Term
The term of a patent is the maximum time during which it can be maintained in force. It is usually expressed in a number of years either starting from the filing date of the patent application or from the date of grant of the patent. In most patent laws, annuities or maintenance fees have to be regularly paid in order to keep the patent in force. Thus, a patent may lapse before its term if a renewal fee is not paid in due time. International harmonization Significant international harmonization of patent term across national laws was provided in the 1990s by the implementation of the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement). Article 33 of the TRIPs Agreement provides that :"The term of protection available or patentsshall not end before the expiration of a period of twenty years counted from the filing date." Consequently, in most patent laws nowadays, the term of patent is 20 years from the filing date of the application. This h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be ''commercial'' (or to have a ''commercial'' purpose) to constitute patent infringement. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. In other words, the terms of the claims inform the public of what is not allowed without the permission of the patent holder. Patents are territorial, and infringement is only possible in a country where a patent is in force. For example, if a patent is granted in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item, while people in other co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glossary Of Patent Law Terms
This is a list of legal terms relating to patents. A patent is not a right to practice or use the invention, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or his successor in rights in exchange to a public disclosure of the invention. A Abandonment The reply of an applicant to an office action must be made within a prescribed time limit. If no reply is received within the time period, the application may be considered, depending on the jurisdiction, as abandoned or deemed to be withdrawn, and, therefore, no longer pending. Allowance A patent is "allowed" when the patent office examiners have determined that the patent application meets the necessary criteria of novelty, non-obviousness, feasibility, and usefulness. The applicants are notified of this certification, and that the patent office is ready to grant the patent once certain fees are paid and paperwork filed by the inventors or assignees. The term is used ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Patent Court Of Germany
The Federal Patent Court (german: Bundespatentgericht, abbreviation: ''BPatG'') is a German federal court competent for particular legal matters, such as patent and trademark cases. It has its seat in Munich, Germany, and was established on July 1, 1961. Within Germany's dual system, in which patent infringement proceedings and nullity suits are dealt with before different courts, the Federal Patent Court is in charge of nullity suits, i.e. deciding upon challenges to the validity of German and European patents having effect in Germany. See also * '' Deutsches Patent- und Markenamt'' (DPMA) * Federal Patent Court (Switzerland) The Swiss Federal Patent Court (German: ''Bundespatentgericht'', French: ''Tribunal fédéral des brevets'') is a Swiss federal court competent for particular legal matters, such as patent cases. It has its seat in Sankt Gallen, Switzerland. ... * German patent law References External links * German patent law German intellectual p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Law Of Germany
German authors' right or ''Deutsches Urheberrecht'' is codified in the ''Gesetz über Urheberrecht und verwandte Schutzrechte'' (also referred to as ''Urhebergesetz'' or ''Urheberrechtsgesetz'' and abbreviated ''UrhG''). An official translation is available. Publication date from PDF metadata. It should not be confused with copyright (exclusive rights to copy granted to ''distributors''), and is more akin to authors' rights (exclusive rights to profit from one's work granted to ''authors''). Protection requirements Court decisions have set vastly different standards for the eligibility of works of applied art on the one hand and other types of work on the other, especially fine art. While the barrier is usually very low for fine art and protection is granted even for minimal creativity (dubbed "''kleine Münze''", literally "small coin" or "small change"), there are extremely high standards for applied art to be reached for it to achieve copyright protection. This is so beca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rote Taube
''Rote Taube'' ("Red Dove") is a landmark decision of the Federal Court of Justice of Germany The Federal Court of Justice (german: Bundesgerichtshof, BGH) is the highest court in the system of ordinary jurisdiction (''ordentliche Gerichtsbarkeit'') in Germany, founded in 1950. It has its seat in Karlsruhe with two panels being situat ... (''Bundesgerichtshof'') (X ZB 15/67, 27 Mar. 1969), regarding the definition of a technical teaching ("a teaching to methodically utilize controllable natural forces to achieve a causal, perceivable result") in patent law. References German patent case law {{Germany-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
